Court : Delhi
Reported in : 44CompCas228(Delhi); ILR1973Delhi322
..... and noticed before the term 'de facto' directors has been restricted to directors with defective appointment. no case has been cited in which the court has upheld the act of a 'pretended director' without any appointment. in other words, in no case the term 'de facto' director has been applied to a ..... their minds. a similar view was also taken by chopra, j. in fateh chand kad v, hindsons (patiala) ltd. a.i.r. 1956 pepsu 89. (42) without recording evidence it is hardly proper to go into the facts bearing on this contention. the materials on record do not show ..... which the decision to increase the capital was taken, was conducted would be possible only if detailed evidence is led on this question. in these circumstances bk. shiveharan singh vigorously concentrated on the sufficiency of the notice that was issued to the petitioner (and others) concerning the issue of right shares. ..... they were only de facto, did have notice of the alleged defects, and could not have validly allotted those right shares. probably realizing this difficulty bk. shivcharan singh mounted his attack upon the invalidity pertaining to the decision to issue right shares and to the illegality of the notice issued in this ..... informing the company of the restraint order, annexure b to the petition) that the allotment of right shares had been made on 4th december, 1972, bk. shiveharan singh wrote a long letter on the 9th december, 1972 (annexure d) informing yogesh c. gupta about his various legal contentions, also citing .....Tag this Judgment!
Court : Delhi
Reported in : 5(1969)DLT222
..... of an entry in the family register of the said panchayat. the said entry was the date of birth of shanta, which was shown as 12-4-2008 bk. in his cross-examination, he stated that the family register maintained by the panchayat previously gto burnt when the panchayatghar (office) was destroyed by fire in ..... said shawala nand and keshru and himself belonged to villages which were at a distance of 2 miles from each toher. to a question put by the court as to whether he had anything to say as to why the prosecution witnesses were deposing against him, he answered as follows :- 'thevillagers of tikkri ..... the girl, shanta, and put his sexual organ into the sexual organ of the girl. (18) the question then arises as to whether the said act of the appellant amounts to sexual intercourse within the meaning of section 375 of the indian penal code. the explanationn to the section states that 'penetration' ..... addition of the explanationn to the section that to constitute the offence of rape under section 376, indian penal code . there need nto be a complete act of sexual intercourse, and that it is sufficient if there is penetration. the use of the word 'penetration' without any further words of limitation shows ..... penis of the accused would have penetrated vaginal orphis of smt. shanta devi with difficulty. the labia majora could nto get separated by a single sexual act in the case of p. w. shanta devi.' (19) it is significant that the doctor recorded at the time of the examination of the girl .....Tag this Judgment!
Court : Delhi
Reported in : 1987(14)ECC65; 1987(32)ELT15(Del); ILR1987Delhi218
..... case supra). however, counsel for the appellants urged that die principles of ejusdem genesis have no appellants and reliance was placed on three judgments of the supreme court repelled in tribhuvan prakash v. union of india,' : 2scr732 , amar chandra chakraborty v. collector of excise, : 1scr533 , and mangalore ..... result of blending is commercially the same article, namely, ore, though with different specifications than the ore which is blended2:28 pm 3/1/2008 and hence it cannot be said that any process of manufacture is involved in blending of ore. it is on the same reasoning that in ..... further that mere process is not manufacture. again, in allen berry engineering private limited v. ramakrishna dalmia & ors., : 2scr257 , the supreme court reiterated that the word .'manufacture' according to its dictionary meaning is the making of articles or material (now on large scale) by physical labour or ..... of machinery would attract duty again under item 68c the decision of these authorities have been upheld by the learned single judge. the court would be competent to interfere and quash these decisions only if the construction placed by these authorities is perverse.. is this the position in ..... entry in the first schedule to the central excise and salt act, whereas the case of m/s. sterling foods, was under the central sales tax act. in both these cases, commercial parlance test was applied and the supreme court came to the conclusion that there was no change of identity .....Tag this Judgment!
Court : Delhi
Reported in : 1997VAD(Delhi)883; 1997(2)ARBLR369(Delhi); 68(1997)DLT520; 1997(42)DRJ768
..... respect of such delay'. i shall have to deal with this case again when i consider the scope of the jurisdiction of this court under section 30 of the arbitration act, 1940. (11) the learned counsel for the contractor mr. d.p. sharma relied upon the passage in hudson's building ..... this was an aspect not urged before or considered by, the arbitrators. there was no evidence before the arbitrators or material adduced before the court as to the nature of these operations. it is difficult to say, by merely reading the terms of contract that the arbitrators have erroneously ..... the learned judge distinguished the judgment of the supreme court in food corporation of india vs . joginderpal mohinderpal and anr. : 1scr880 . the learned judge also referred to clause 10 of the agreement which is ..... this account. the learned judge referred to the judgment reported in government of kerala and another vs . v.p. jolly : air1992ker187 , a decision of this court in suit no. 2185 of 1987 decided on 20th july 1990 in continental construction co. ltd. vs . state of madhya pradesh : 3scr103 . ..... cannot be accepted. the public authority like dda is expected to act in accordance with the contract and having failed to act cannot project the case without mentioning the facts completely in the objection petition which alone can make the court to appreciate the position. i am unable to accept the arguments .....Tag this Judgment!
Court : Delhi
Reported in : 2006(3)ARBLR118(Delhi); 2006(2)CTLJ57(Del); 131(2006)DLT681
..... defendant took the plea that the negative covenant embodied in the clause was in restraint of trade and thereforee void under section 27 of the contract act. the court held that the negative covenant embodied in the clause of the contract between the parties to the suit could not be enforced in india. thereforee, ..... with any other employer or be engaged by a third party has been held not to be void and not against section 27 of the contract act.the court was of the view that 'negative covenants operating during the period of the contract of employment when the employee is bound to serve his employer ..... any other employer or be engaged by a third party has been held not to be void and not against section 27 of the contract act.40. the supreme court then referred to the decision in brahmaputra tea co. ltd. v. scarth 1885 11 cal 545 and observed that the conditions under which the ..... the petitioner to at least write a letter proposing that instead of the terminal date being 31.12.2005, the respondent may make it, if necessary, 2008, as the petitioner had sought, or at least 2006, as the respondent itself had proposed. according to him, the fact that no communication was sent ..... clause 16 which spoke of the term and duration. this difference of opinion was whether the agreement was to terminate on 31.12.2006 or 31.12.2008. secondly, whether the contract was terminable by a termination implicate with six months notice or whether it was terminable only if the minimum quantities were not .....Tag this Judgment!
Court : Delhi
Reported in : 2007(2)ARBLR133(Delhi); 141(2007)DLT822
..... as would disentitle the petitioner to grant of an injunction. nature of relief which can be granted under section 9207. section 9 of the arbitration act enables a court to exercise jurisdiction and pass such orders as are required to maintain the sub-stratum of the subject matter of the arbitration.208. the next ..... subsisting, such stipulation could not be held to be in restraint of trade so as to attract the bar of section 27 of the contract act. the court thereafter proceeded to consider as to whether the plaintiff in the case in hand was entitled to the injunction prayed for to compel enforcement of the ..... during arbitral proceedings or at any time after the making of the arbitral award but before it is enforced under section 36 of the act, may apply to the court for an interim order under section 9, however, without a substantive move for reference or declaration on the petitioner's stand on the ..... para 9(c), the respondent admitted that cold tank repair is not to be undertaken for the next two years, i.e. by the end of 2008. the admitted position is that the board of ggl had not considered any proposal for undertaking the repairs of the cold tank which was not absolutely eminent ..... $ 45 million. such repairs are required to be undertaken in the coming two years beginning from 2007 though actual repairs may start in the year 2008. merely shifting the reserve for such repairs from one heading to another for accounting purposes is distinct from having the actual cash to pay for the same .....Tag this Judgment!
Court : Delhi
Reported in : 2007(122)ECC121; 2007(148)LC121(Delhi); 2008(222)ELT161(Del)
..... that so far as the petitioners before it were concerned, their basic prayer relating to non-disposal of their request for investigation into dumping activities also stood disposed of. the court extensively noticed the conclusions drawn by the designated authority in the order dated 27th august , 2003 wherein the authority had held that the present petitioners had not been able ..... 2000 holding that the government was justified in effecting the change in the fixation of the floor price which was based on all relevant considerations. in its detailed judgment, the court noticed that in order to protect domestic industries, two modes are envisaged to protect their pricing. one mode is levy of anti-dumping duties under the customs tariff (identification, ..... , 1999, the government of india withdrew the minimum floor price fixed for import of steel under the notification dated 10th/11th december, 1998. the petitioners contended before the high court of calcutta that the designated authority had withheld disposal of the anti-dumping petition and if the floor price was withdrawn, they would be left without protection. my attention has ..... into the 'opinion' and the manner in which it is to be formed under section 237(b) of the companies act had come up for consideration in this pronouncement of the apex court. the apex court thus recognised the permissibility of the scrutiny by a court as to existence of some circumstances within limited parameters and not as to the sufficiency thereof. the .....Tag this Judgment!
Court : Delhi
Reported in : LC2007(3)497; 2008(36)PTC168(Del)
..... passing off lies deception or its likelihood never has the tort shown even a slight tendency to stray beyond cases of deception. hodgkinson and corby v. wards  1 w.l.r. 1564, jacob j. at 1570).(5) secondly, to deceive is one thing. to cause confusion is quite another ..... harmonisation in the internal market (ohim), famously known as 'the baby dry case', reported at (2002) rpc 17. in the said case, the court came to categorical finding that the expression 'baby dry', being an unusual juxtaposition of two independent english words, could not be described as being wholly descriptive ..... of the law have not changed in principle, the judicial approach whilst adjudicating upon an action for passing off has gradually changed as the courts have become more circumspective of those who complain of deception. this is primarily owing to the propensity of traders in adopting purely descriptive words as ..... its widespread use and thus the present suit is barred due to warranty of statutory notice under section 167 of the gujarat co-operative societies act, 1967.20. it is vehemently contended by learned senior counsel for the defendant that the expression 'sugar free', being per se descriptive in ..... a multi-step high technology manufacturing process.7. the tablet dispensary container of 'sugar free' is stated to have obtained registration under the designs act, 1911. it is further submitted by the plaintiff that it has already been successful in securing registration of the trade mark 'sugar free' in .....Tag this Judgment!
Court : Delhi
Reported in : 2007(4)ARBLR499(Delhi)
..... entitled to the claim for default on the part of the judgment debtor in terms of clause 23 (c) of the contract act.25. the provisions of section 48 of the said act provide for interference by the court where decision in a matter is beyond the scope of the arbitration or the award is contrary to the public policy of ..... to the fundamental policy of indian law, interest of india, justice or morality, is patently illegal or is so unfair and unreasonable that it shocks the conscience of the court. however, illegality of a trivial nature was held liable to be ignored. the fundamental policy of indian law is that law of land must be obeyed. the law of ..... . so long as the conclusion arrived at by the arbitral tribunal is a plausible conclusion, though possibly not the only conclusion, no interference is called for by the court.17. it has to be simultaneously emphasized that the undisputed legal position is that the arbitrator is a creature of the contract between the parties and thus has to ..... if an application for the setting aside or suspension of the award has been made to a competent authority referred to in clause (e) of sub-section (1) the court may, if it considers it proper, adjourn the decision on the enforcement of the award and may also, on the application of the party claiming enforcement of the award, ..... to record his statement on oath when he should come with all the material in respect of the assets of the judgment debtor.(3) list on 21.01.2008 in the category of short matters. .....Tag this Judgment!
Court : Delhi
Reported in : II(2008)BC619; 151CompCas485(Delhi)
..... of the goa, daman and diu (extension of code of civil procedure, 1908 and arbitration act, 1940) act, 1965 (central act xxx of 1965) read with the provisions of the goa, daman and diu civil court act, 1965 (goa act xvi of 1965) both of which came into force simultaneously on june 15, 1966 and ..... it does not apply to statutes which alter the form of procedure or the admissibility of evidence, or the effect which the courts give to evidence; if the new act affects matters of procedure only, then, prima facie, it applies to all actions pending as well as future (see in this ..... the appeal was required to be filed in the judicial commissioner's court. under the central act xxx of 1965 with effect from june 15, 1966 the provisions of the indian civil procedure code were extended to the union territories of goa, ..... which is raised in this petition, namely, the offence under section 24(1) as per the unamended act, to which period the alleged act related, it was triable by a magistrate and court of session had no power to pass an order condoning the delay. the submission was that jurisdiction conferred ..... magistrates or the judicial magistrates, first class had exclusive jurisdiction to try the complaints under section 138 of the negotiable instruments act, 1881 and that no jurisdiction vested in the courts of additional sessions judges to try complaints under the said section 138. the expediency of issuing such an administrative order .....Tag this Judgment!